South Africa Case Law

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022)

ADP Marine & Modular Proprietary Limited v Rocher and Others (5701/2022) [2025] ZAWCHC 281 (9 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5701/2022

Judge

Sipunzi

The court found that the applicant failed to demonstrate any necessity or urgency for repeated preservation relief, as the Anton Pillar order of 25 July 2023 already secured the preservation of the seized information and documentation in the custody of the Sheriff. No evidence of threat or interference was presented. Regarding the request to use the seized material for criminal complaints, the court held that the SAPS has sufficient statutory mechanisms to obtain evidence for criminal investigations, and it is not the role of the civil court to dictate or facilitate the use of such material i…

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• Anton Pillar Order
• Preservation Of Evidence
• Copyright Infringement
• Confidential Information
• Discovery Procedure
• Criminal Complaint Utilisation

Lasercraft Mergence (Pty) Ltd v Dreyer and Others (2023-044109)

Lasercraft Mergence (Pty) Ltd v Dreyer and Others (2023-044109) [2024] ZAGPJHC 165; 2024 (6) SA 539 (GJ) (26 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-044109

Judge

S D J Wilson

The court held that Anton Piller relief is intended to preserve evidence relevant to an existing cause of action, not to enable an applicant to formulate a cause of action. Lasercraft failed to institute proceedings within the 60-day period specified in the original order and conceded that it needed to inspect the preserved documents before pleading its case. This concession demonstrated that Lasercraft did not have a cause of action at the time it sought Anton Piller relief, and thus was never entitled to the order. The court found that there was no basis to extend the period for instituting…

Source excerpt

• Anton Piller Order
• Preservation Of Evidence
• Interim Interdict
• Cause Of Action
• Restraint Of Trade
• Confidential Information

Van Der Merwe and Others v Van Wyk Auditors and Others (48149/2021)

Van Der Merwe and Others v Van Wyk Auditors and Others (48149/2021) [2022] ZAGPPHC 522 (18 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

48149/2021

Judge

Neukircher

The court found that the applicants were entitled to the Anton Piller order due to the respondents' persistent non-compliance with two prior court orders and the real risk that vital accounting records would be destroyed or concealed. The order was not sought to preserve evidence for a future claim, but to prevent the Davis J order from being rendered ineffective. The court held that contempt proceedings would not secure the preservation of evidence and that the applicants' right to the documents was established by the prior order. The execution of the Anton Piller order, while not flawless,…

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• Anton Piller Order
• Enforcement Of Court Orders
• Preservation Of Evidence
• Accounting Records Disclosure
• Contempt Of Court
• Attorney And Client Costs

Cheickhart General Sales (Pty) Ltd v B & W Autobody Experts CC T/A Autobody Experts (UM 156/2020)

Cheickhart General Sales (Pty) Ltd v B & W Autobody Experts CC T/A Autobody Experts (UM 156/2020) [2021] ZANWHC 22 (18 August 2021)

Court

North West High Court, Mafikeng

Case number

UM 156/2020

Judge

A H Petersen

The High Court confirmed an Anton Piller rule nisi, allowing preservation and copying of seized items and restraining unlawful competition pending further proceedings.

• Anton Piller Order
• Unlawful Competition
• Interim Interdict
• Preservation Of Evidence
• Forgery Of Documents
• Discovery Process

Cell C Limited v Mohamed; Cell C Limited v Pillay; Cell C Limited v Mohamed and Others (20424/2020)

Cell C Limited v Mohamed; Cell C Limited v Pillay; Cell C Limited v Mohamed and Others (20424/2020) [2020] ZAGPJHC 253 (16 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

20424/2020

Judge

L T Modiba

High Court reasons confirming preservation and freezing relief for Cell C and refusing late opposition in alleged collusion and invoice inflation matters.

• Preservation Of Evidence
• Ex Parte Application
• Freezing Orders
• Duty Of Care
• Fraudulent Misrepresentation
• Preservation-of-evidence

Impac Underwriting Managers (Pty) Ltd and Another v Du Plooy and Others (41233/2020)

Impac Underwriting Managers (Pty) Ltd and Another v Du Plooy and Others (41233/2020) [2020] ZAGPPHC 512 (14 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

41233/2020

Judge

E van der Schyff

High Court amended an Anton Piller order so the applicants’ attorneys could inspect removed items only with a supervising attorney present, pending the return date.

• Anton Piller Order
• Interim Relief
• Confidential Information
• Preservation Of Evidence
• Anton-piller-order
• Interim-relief

Adamson and Another v Houston Group (Pty) Ltd (50920/2019)

Adamson and Another v Houston Group (Pty) Ltd (50920/2019) [2020] ZAGPPHC 22 (17 February 2020)

Court

North Gauteng High Court, Pretoria

Case number

50920/2019

Judge

A.C. Basson

The High Court set aside an Anton Piller order after finding the search was executed irregularly and overly broadly, though it declined punitive costs.

• Anton Piller Order
• Execution Of Court Orders
• Unlawful Competition
• Preservation Of Evidence
• Procedural Irregularity
• Anton-piller-order

Viziya Corporation v Collaborit Holdings (Pty) Ltd and Others (1189/17)

Viziya Corporation v Collaborit Holdings (Pty) Ltd and Others (1189/17) [2018] ZASCA 189; 2019 (3) SA 173 (SCA) (19 December 2018)

Court

Supreme Court of Appeal

Case number

1189/17

Judges

Wallis, Saldulker, Mathopo, Van der Merwe, Rogers

The SCA refused leave to appeal and confirmed discharge of an overbroad Anton Piller order sought in a dispute over alleged competing software and confidential information.

• Anton Piller Order
• Breach Of Contract
• Unlawful Competition
• Confidential Information
• Preservation Of Evidence
• Anton-piller-order

Sampada Lodges (Pty) Ltd v Euphoria Home Owners' Association NPC (8242/2017)

Sampada Lodges (Pty) Ltd v Euphoria Home Owners' Association NPC (8242/2017) [2018] ZALMPPHC 53 (12 October 2018)

Court

Limpopo High Court, Polokwane

Case number

8242/2017

Judge

Kganyago

The court found that the applicant failed to establish a prima facie cause of action for the payment of overdue levies and damages, as the levies in question are due to the Golf Club and not the applicant. The applicant has no entitlement to the levies collected by the respondent. Regarding the contempt of court proceedings, the court held that the applicant does not require documents in the respondent's possession to prove the requisites of contempt, as it already possesses the relevant order and return of service. The application was deemed a fishing expedition, and the requirements for an…

Source excerpt

• Anton Piller Order
• Prima Facie Cause Of Action
• Contempt Of Court
• Preservation Of Evidence

Imedical Ophthalmic International (Pty) Ltd v Lodder (72180/2017)

Imedical Ophthalmic International (Pty) Ltd v Lodder (72180/2017) [2017] ZAGPPHC 732 (21 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

72180/2017

Judge

Mphahlele

The applicant failed to meet the requirements for the granting of an Anton Piller order. The order was vague and did not specify which documents or items in the respondent's possession constituted vital evidence. The applicant sought access to documents belonging to third parties not cited as respondents and used the order as a substitute for possessory or proprietary claims. The seizure of unspecified items, including electronic devices, supported the respondent's contention that the order amounted to a fishing expedition. The purpose of Anton Piller orders is to preserve evidence, not to en…

Source excerpt

• Anton Piller Order
• Urgent Application
• Reconsideration Of Ex Parte Order
• Preservation Of Evidence